Germier v. Springfield Fire & Marine Ins.

Citations

• 109 La. 341
• 33 So. 361
• 1903 La. LEXIS 388

Syllabus

<p>INSURANCE — POLICY — REPRESENTATIONS — WARRANTY — OWNERSHIP OF PROPERTY-BURDEN OF PROOF.</p> <p>1. In the absence' ol any express declaration on the subject, whether a particular representation or promise in a policy of insurance amounts to a warranty depends, it may be said, upon its materiality, as determined by the court in which the question is litigated. When, however, the conclusion is reached that such representation or promise is intended as a warranty, the question of its materiality is eliminated, and the only concern of the court, in the absence of a statutory enactment to the contrary, is to determine whether the representation is true or false, or whether there has been a compliance or noncompliance with the promise.</p> <p>2. The contracting parties are always at liberty to decide for themselves which of the representations and promises in a policy of insurance are intended as warranties, and which are not: and those which by the terms of the contract, they declare to be warranties, whether affirmative or promissory, must be accorded that character.</p> <p>3. In the instant case, both the materiality of the representation as to ownership, and its character as a warranty, are specifically declared in the policy, which further provides “that the entire policy” shall be void if there be either concealment or misrepresentation on that subject. Under these circumstances, the proposition that misrepresentation as to the ownership of a house does not vitiate the insurance on the contents of the house, both being covered by the same policy, is untenable.</p> <p>4. The burden rests on the assured to prove the value of the property with respect to which he seeks to be indemnified, and where the claim is for the loss of furniture, etc., in a dwelling house, the proof falls short if it only goes to the extent of showing the cost price of articles which had been in use for an indefinite period.</p> <p>(Syllabus by the Court.)</p>